House of Assembly—No 21 As received from the Legislative Council and read a first time, 6 September 2022

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South Australia

Statutes Amendment (Attorney-General's Portfolio) Bill 2022

A BILL FOR An Act to amend the Bail Act 1985, the Burial and Cremation Act 2013 and the Correctional Services Act 1982.

Statutes Amendment (Attorney-General's Portfolio) Bill 2022 Contents

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Contents Part 1—Preliminary 1 Short title 2 Commencement

Part 2—Amendment of Bail Act 1985 3 Amendment of section 6—Nature of bail agreement 4 Amendment of section 7—Guarantee of bail 5 Amendment of section 8—Form of application 6 Amendment of section 11—Conditions of bail

Part 3—Amendment of Burial and Cremation Act 2013 7 Amendment of section 10—Cremation permits

Part 4—Amendment of Correctional Services Act 1982 8 Amendment of section 66—Automatic release on parole for certain prisoners

The Parliament of South Australia enacts as follows:

Part 1—Preliminary 1—Short title

This Act may be cited as the Statutes Amendment (Attorney-General's Portfolio) Act 2022. 5

2—Commencement (1) Subject to this section, this Act comes into operation on the day on which it is

assented to by the Governor.

(2) Part 2 comes into operation on a day to be fixed by proclamation.

(3) Part 4 comes into operation immediately after section 26(2) of the Correctional 10 Services (Accountability and Other Measures) Amendment Act 2021 comes into operation.

Part 2—Amendment of Bail Act 1985 3—Amendment of section 6—Nature of bail agreement

Section 6(2)—delete "be in the prescribed form" and substitute: 15

—

(a) if the bail authority is a court—be in a form determined by that court; or

(b) in any other case—be in the prescribed form.

Statutes Amendment (Attorney-General's Portfolio) Bill 2022

Amendment of Bail Act 1985—Part 2

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4—Amendment of section 7—Guarantee of bail Section 7(2)—delete "be in the prescribed form" and substitute:

—

(a) if the bail authority is a court—be in a form determined by that court; or 5

(b) in any other case—be in the prescribed form.

5—Amendment of section 8—Form of application Section 8(1)(a)—delete "be in the prescribed form" and substitute:

—

(a) if the bail authority is a court—be in a form determined by that court; 10 or

(b) in any other case—be in the prescribed form.

6—Amendment of section 11—Conditions of bail Section 11(6)(c)—delete paragraph (c) and substitute:

or 15

(c) in any other case—

(i) if the bail authority is a court—without the permission of a judge or magistrate; or

(ii) if the bail authority is a police officer—without the permission of a police officer who is— 20

(A) of or above the rank of sergeant; or

(B) the responsible officer for a police station.

Part 3—Amendment of Burial and Cremation Act 2013 7—Amendment of section 10—Cremation permits

Section 10(5)(b)(i)—delete subparagraph (i) and substitute: 25

(i) 2 certificates—

(A) 1 being the certificate under section 36(3) of the Births, Deaths and Marriages Registration Act 1996 certifying that the deceased died from natural causes signed by—

• the medical practitioner who was responsible for 30 the deceased's medical care immediately before death; or

• a medical practitioner who examined the body of the deceased after death; and

(B) the other being a certificate in a form approved by the 35 Registrar signed by another medical practitioner; or

Statutes Amendment (Attorney-General's Portfolio) Bill 2022 Part 4—Amendment of Correctional Services Act 1982

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Part 4—Amendment of Correctional Services Act 1982 8—Amendment of section 66—Automatic release on parole for certain

prisoners (1) Section 66(2)(aba)—delete "(within the meaning of Part 3 Division 4 of the

Sentencing Act 2017)" 5

(2) Section 66(3)—after the definition of offence of personal violence insert:

serious drug offence means—

(a) an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984 or a substantially similar offence against a corresponding previous enactment; or 10

(b) a conspiracy to commit, or an attempt to commit, such an offence.